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and Hina Lani Street. The "pro rata share" shall be the portion of the traffic attributable <br />to the project to the total traffic on Queen Kaahumanu Highway or the Hina Lani <br />intersection. The pro rata share shall be determined by the Planning Director in <br />consultation with the applicant and the Department of Transportation, and shall be paid <br />prior to plan approval or final subdivision approval for the first development increment, <br />whichever comes first, and prior to plan approval or final subdivision approval for each <br />successive development increment. <br />BB. The applicant (or others, as stated in Condition AA) shall construct improvements to its <br />project intersection meeting with the approval of the Department of Transportation prior <br />to occupancy of any structures. If the occupancy occurs before the expansion of the <br />Queen Kaahumanu Highway to four lanes, and the Department of Transportation permits <br />left turn lanes into the property, the improvements shall consist of, at a minimum, a fully <br />channelized intersection with a dedicated right -tum lane, left -and right -turn merge lanes, <br />and a left -tum storage lane, all meeting with the approval of the Department of <br />Transportation. Conduits for installation of signal lights shall be installed with the initial <br />construction of the intersection to avoid disrupting traffic during a future installation, <br />unless otherwise approved by the Department of Transportation. <br />CC. The applicant shall retain 50 -foot wide undisturbed buffers of natural lava along both <br />sides of the Mamalahoa Trail (measured from the edges of the trail) and additional 60 - <br />foot buffers without structures, unless the State Historic Preservation Division <br />recommends a wider buffer in the Preservation Plan. <br />DD. The Mamalahoa Trail shall not be breached, except where crossed by the existing jeep <br />road, without permission from the state of Hawaii. The rezoning of the portion of the <br />property makai of the Mamalahoa Trail is not intended to create an expectation or vested <br />right on the part of the applicant to breach the Mamalahoa Trail for access to the makai <br />portion of the property, because the applicant can possibly obtain access to that property <br />from TMK 7-3-009:004, currently owned by the applicant, or from other adjacent <br />property. The rezoning of the portion of the property makai of the Mamalahoa Trail shall <br />not take effect until the applicant has obtained access to the area. <br />