How to apply for and approve a development agreement

(a) A proposed development agreement may be negotiated at the request of a principal or the County by submitting an application to the office of the mayor. (b) The application for the development agreement shall as a minimum contain: (1) The name and business address of the principal; (2) A description of the subject land; (3) Specification by written narrative including maps, site plans, and any other documents or materials as may be appropriate, of the proposed uses of the property; DEVELOPMENT AGREEMENTS § 30-5 (4) Information concerning the location of any trails, easements or other ways on the subject property, public or private, the rights, if any, of adjoining or other landowners in and to the subject property, burial sites and historic property subject to the provisions of chapter 6E, Hawai‘i Revised Statutes, and an assessment of the impact of the proposed project on the subject real property, surrounding community and public resources; (5) Other information which the County or its designated agency may determine to be necessary for the proper review and evaluation of the subject application and the preparation of any development agreement; and (6) Proposed terms of the development agreement. (c) Copies of the development agreement application shall be sent to appropriate governmental agencies for review and comment. (d) The office of the mayor shall submit the final draft of every proposed development agreement and amended development agreement, pursuant to section 30-9 of this chapter, to the County council for its action by resolution to either approve as submitted, modify and approve as modified, or reject. (e) County council approval by resolution shall be a precondition for execution of a development agreement by the mayor. (f) No development agreement shall be entered into unless the County council shall have held a public hearing on the proposed development agreement in the council district where the subject property and development requirements are located. In the event that the location of either the subject property or the proposed development requirements set forth in the development agreement are located in more than one council district, the public hearing shall be held in the council district most affected by the proposed development as determined by the County. (g) Every development agreement shall describe the real and personal property and services to be given by the principal, the County and/or other parties thereto as consideration for such agreement together with the terms of payment, conveyance or provision thereof. (1993, ord 93-37, sec 2.)30-5