HAR §15-22-200
HAR §15-22-200. Purpose and intent
Cite as Haw. Code R. § 15-22-200
(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
UNOFFICIAL COMPILATION
June 2005
22-121
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)