[PART
VII.]  DEVELOPMENT AGREEMENTS



 



Law Journals and Reviews



 



  Is Agricultural Land in Hawai`i "Ripe" for a
Takings Analysis?  24 UH L. Rev. 121.



  Avoiding the Next Hokuli‘a:  The Debate over Hawai‘i's
Agricultural Subdivisions.  27 UH L. Rev. 441.



 



[§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 financial
commitments, the development approval process involves the expenditure of
considerable sums of money.  Generally speaking, the larger the project
contemplated, the greater the expenses and the more time involved in complying
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 resources 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 infrastructure and other improvements.  Such benefits
may be negotiated for in return 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 participation in the comprehensive planning process, reduce the economic
cost of development, allow for the orderly planning of public facilities and
services and the allocation of cost.  As an administrative act, development
agreements will provide assurances to the applicant for a particular
development project, that upon approval of the project, the applicant may
proceed with the project in accordance with all applicable statutes,
ordinances, resolutions, rules, and policies in existence at the time the
development agreement is executed and that the project will not be restricted
or prohibited by the county's subsequent 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 legislation which may conflict with any term or
provision of the development agreement 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 citizens of our State.  The purpose of this
part is to provide a means by which an individual 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's rights to develop a
property in a certain manner shall be vested. [L 1985, c 48, pt of §1]



 



Law Journals and Reviews



 



  Arrow of Time:  Vested Rights, Zoning Estoppel, and
Development Agreements in Hawai‘i.  27 UH L. Rev. 17.