COM 0997.005 2006-2008 - Laserfiche WebLink

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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 [AI+ 44ighway) 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 are available to the county for such purpose; and provided further, that the total amount of reimbursement due to the applicant shall not exceed the total cost of land acquisition, design and construction of the Mamalahoa Highway Bypass incurred by the applicant, less the pro rata portion attributed to subject property;" SECTION 3. Material to be deleted is bracketed and struck through. SECTION 4. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 5. This ordinance shall take effect upon its approval. -7-