Current through September, 2024
Section 15-22-200 - Purpose and intent(a) The provisions of this subchapter are designed to encourage investment in new development and commitment to master planning of large land holdings. Master plans are intended to encourage timely development, reduce the economic cost of development, allow for the orderly planning and implementation of public and private development projects, and provide a reasonable degree of certainty in the development approval process.(b) A further purpose of this subchapter is to derive public benefits, such as affordable housing, relocation assistance, public parking, off-site infrastructure and other public facility improvements, which are generally provided by government and would not otherwise be required from private developers. Such public benefits may be negotiated by the authority in exchange for greater development flexibility for a specified period. Master plans may also stipulate when the public benefits are to be provided, thereby giving considerable certainty to the planning and development process.(c) An approved master plan will provide assurances to landowners, developers and investors that projects proposed within a master planned area that are in accordance with the applicable mauka area rules in effect at the time the master plan is approved will not be restricted or prohibited at the permit stage by subsequent changes to those rules. The purpose of this subchapter is to provide landowners and developers assurances that once they have met or agreed to meet all of the terms and conditions of the master plan approval, their rights to development permit approval in accordance with the development rules in effect at the time of master plan approval shall be vested for a specified period.(d) A further purpose of this subchapter is to allow greater flexibility in the development of lots within master planned areas than would otherwise be possible through the normal lot-by-lot development approach. Such flexibility is intended to encourage integrated developments and secure better overall planning for extensive land holdings, while recognizing that full development of the area over time would occur incrementally in accordance with the planned development and base zone development requirements in effect at the time of master plan approval. [Eff 9/8/86, comp 1/28/88, am and comp 2/24/90, am 12/15/94] (Auth: HRS §§ 206E-4, 206E-5, 206E-7) (Imp: HRS §§ 206E-7, 206E-33)