BIL 236 Draft 02 2006-2008 - Laserfiche WebLink

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thoroughfare prior to the opening of the entire Mamalahoa Bypass shall sunset upon the occurrence of either of the following: a. mitigation measures outlined in subsections L(6)(a-j) and L(7)(a-h.) above are not complete and fully implemented within twelve (12) months from the effective date of this ordinance; or, b. prior to the expiration of the twelve-month period, the County Council determines that opening of Haleki`i Street for use by the general public prior to completion of the entire Mamalahoa Bypass has proven not to be in the best interest of, and for the public good. In the event of sunset, amendments to the portion of Condition L(4) of Ordinance No. 96-8 relating to the construction of a barricade or breakaway atg e to prevent the use of Haleki`i Street as a vehicular thoroughfare prior to the opening of the entire Mamalahoa Bypass, shall be null and void and the original provisions of Condition L(1) through L(5) of Ordinance No. 96-8 shall control and remain in full force and effect. The applicant shall construct the Mamalahoa Highway Bypass to standards set forth by the Department of Public Works for [ ^'~':faT] Ali`i Drive with such modifications as may be deemed necessary by the Department of Public Works. The applicant shall provide a landscape buffer along highway sections within five hundred feet of existing dwellings, as required by the chief engineer, to reduce the impacts of noise and light on the residents therein and to generally beautify the highway appearance in such locations; provided that the applicant shall enter into a reimbursement agreement with the County which sets forth the terms and conditions of reimbursement for costs incurred for the construction, land acquisition and design of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by other developers or landowners whom the county may determine as benefiting from the Mamalahoa Highway Bypass and which funds -7-