[PARTVII.]  DEVELOPMENT AGREEMENTS

 

Law Journals and Reviews

 

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

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

 

[§46-121]  Findings and purpose.  Thelegislature finds that with land use laws taking on refinements that make thedevelopment of land complex, time consuming, and requiring advance financialcommitments, the development approval process involves the expenditure ofconsiderable sums of money.  Generally speaking, the larger the projectcontemplated, the greater the expenses and the more time involved in complyingwith the conditions precedent to filing for a building permit.

The lack of certainty in the developmentapproval process can result in a waste of resources, escalate the cost ofhousing and other development to the consumer, and discourage investment in andcommitment to comprehensive planning.  Predictability would encourage maximumefficient utilization of resources at the least economic cost to the public.

Public benefits derived from developmentagreements may include, but are not limited to, affordable housing, designstandards, and on-and off-site infrastructure and other improvements.  Such benefitsmay be negotiated for in return for the vesting of development rights for aspecific period.

Under appropriate circumstances, developmentagreements could strengthen the public planning process, encourage private andpublic participation in the comprehensive planning process, reduce the economiccost of development, allow for the orderly planning of public facilities andservices and the allocation of cost.  As an administrative act, developmentagreements will provide assurances to the applicant for a particulardevelopment project, that upon approval of the project, the applicant mayproceed with the project in accordance with all applicable statutes,ordinances, resolutions, rules, and policies in existence at the time thedevelopment agreement is executed and that the project will not be restrictedor prohibited by the county's subsequent enactment or adoption of laws,ordinances, resolutions, rules, or policies.

Development agreements will encourage thevesting of property rights by protecting such rights from the effect ofsubsequently enacted county legislation which may conflict with any term orprovision of the development agreement or in any way hinder, restrict, orprevent the development of the project.  Development agreements are intended toprovide a reasonable certainty as to the lawful requirements that must be metin protecting vested property rights, while maintaining the authority and dutyof government to enact and enforce laws which promote the public safety,health, and general welfare of the citizens of our State.  The purpose of thispart is to provide a means by which an individual may be assured at a specificpoint in time that having met or having agreed to meet all of the terms andconditions of the development agreement, the individual's rights to develop aproperty 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, andDevelopment Agreements in Hawai‘i.  27 UH L. Rev. 17.