Development agreements stay valid despite later law changes

(a) Unless terminated pursuant to section 30-6, or canceled pursuant to section 30-9, a development agreement, amended development agreement, or modified development agreement, once entered into, shall be enforceable by any party thereto, or their successors in interest or assigns, notwithstanding any subsequent change in any applicable law adopted by the County of Hawai‘i or any party thereto, which alters or amends the laws, ordinances, resolutions, rules, or policies specified in this chapter. (b) All laws, ordinances, resolutions, rules, and policies governing permitted uses of the land that is the subject of the development agreement, including but not limited to uses, density, design, height, size, and building specification of proposed buildings, construction standards and specifications, affordable housing, community benefit assessments, water utilization and impact fee/assessment requirements applicable to the development of the property subject to a development agreement, shall be those laws, ordinances, resolutions, rules, regulations, and policies made applicable and in force at the time of execution of the agreement. The development agreement shall specify whether any subsequent change in any applicable law adopted by the County or any other governmental entity or agency entering into such agreement, which alter or amend the laws, ordinances, resolutions, rules, or policies specified in this part and such subsequent change shall be void as applied to property subject to any such agreement to the extent that it changes any law, ordinance, resolution, rule, or policy which any party to the agreement has agreed to maintain in force as written at the time of execution. The development agreement shall not prevent a government body from requiring the principal to comply with laws, ordinances, resolutions, rules, and policies of general applicability enacted subsequent to the date of the development agreement if under prior law they could have been lawfully applied to the subject property or any uses thereof at the time of execution of the agreement and if the County, County council or any other governmental entity or agency entering into such agreement finds it necessary to impose the requirements because a failure to do so would place the residents of the affected community in a condition perilous to the residents’ health or safety, or both. (1993, ord 93-37, sec 2.)30-10