Hawaii Revised Statutes 46-126 Development Agreement; Provisions.

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[§46-126] Development agreement; provisions. (a) A development agreement shall:

(1) Describe the land subject to the development agreement;

(2) Specify the permitted uses of the property, the density or intensity of use, and the maximum height and size of proposed buildings;

(3) Provide, where appropriate, for reservation or dedication of land for public purposes as may be required or permitted pursuant to laws, ordinances, resolutions, rules, or policies in effect at the time of entering into the agreement; and

(4) Provide a termination date; provided that the parties shall not be precluded from extending the termination date by mutual agreement or from entering subsequent development agreements.

(b) The development agreement may provide commencement dates and completion dates; provided that such dates as may be set forth in the agreement may be extended at the discretion of the county at the request of the principal upon good cause shown subject to subsection (a)(4).

(c) The development agreement also may cover any other matter not inconsistent with this chapter, nor prohibited by law.

(d) In addition to the county and principal, any federal, state, or local government agency or body may be included as a party to the development agreement. If more than one government body is made party to an agreement, the agreement shall specify which agency shall be responsible for the overall administration of the agreement. [L 1985, c 48, pt of §1]

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Last modified: October 27, 2016