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<br /> <br /> <br /> <br /> <br /> <br /> The applicant shall construct the Mamalahoa Highway Bypass to standards set <br /> forth by the Department of Public Works for Alii Highway with such modifications <br /> <br /> as may be deemed necessary by the Department of Public Works. The applicant <br /> <br /> shall provide a landscape buffer along highway sections within five hundred feet of <br /> existing dwellings, as required by the chief engineer, to reduce the impacts of noise <br /> <br /> and light on the residents therein and to generally beautify the highway appearance <br /> in such locations; provided that the applicant shall enter into a reimbursement <br /> <br /> agreement with the County which sets forth the terms and conditions of <br /> reimbursement for costs incurred for the construction, land acquisition and design <br /> <br /> of the Mamalahoa Highway Bypass out of funds paid to the state and/or county by <br /> other developers or landowners whom the county may determine as benefiting <br /> <br /> from the Mamalahoa Highway Bypass and which funds are available to the county <br /> for such purpose; and provided further, that the total amount of reimbursement <br /> <br /> due to the applicant shall not exceed the total cost of land acquisition, design and <br /> construction of the Mamalahoa Highway Bypass incurred by the applicant, less the <br /> <br /> pro rata portion attributed to the subject property;" <br /> <br /> <br /> <br /> SECTION 3. Material to be deleted is bracketed and struck through. New material is <br /> underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need <br /> <br /> not be included. <br /> <br /> <br /> SECTION 4. In the event that any portion of this ordinance is declared invalid, such <br /> invalidity shall not affect the other parts of this ordinance. <br /> <br /> <br /> <br /> <br /> SECTION 5. This ordinance shall take effect upon its approval. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> -8- <br />