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December 16, 2002 James Y. Arakaki Page 2 Planning Department will regulate land use within that zoning district the same as for similarly zoned property. Example: if DHHL designated an area as RS-10 (single-family residential, 10,000 square foot minimum lot size) any subdivision of that area would have to follow the Subdivision Code; the subdivision would be processed the same as a private subdivision. For new projects, DHHL would also put in the necessary off-site infrastructure to the same extent that would be required of a private developer. After subdivision, if a lot owner came in for a building permit, the Planning Department would review the permit for conformance with setbacks, height limits, and other zoning code issues, the same as in any RS-10 area. Public Works Issues In the building permit process, DHHL requested that they(DHHL and its lessees) be treated like any other applicant. Therefore, under the MoA, new applicants for structures on DHHL land will go through the regular permit process. For those lessees who have unpermitted structures on DHHL land, the County and DHHL still need to address how these structures will be permitted. DHHL and DPW have discussed this and are considering some sort of grandfathering because those structures were not required to have a permit at the time of construction. This is an area for continuing discussion and collaboration. The County has taken over the responsibility for traffic requirements on DHHL roads, including signs, markings and lights. On engineering requirements (drainage, highways, etc.), permits will be required for land clearing, driveways, work within the County right-of-way, and so forth. Drainage will be addressed by DHHL like everyone else. The County and DHHL have discussed establishing a lesser standard for agricultural use and having existing DHHL roads brought up to that lesser standard so the County can take over their operation and maintenance. That new agricultural standard has not been established yet, but is being pursued by the County. Relating to the Enforcement of Criminal Violations on Hawaiian Home Lands This section clarifies that the Police Department is authorized to and will enforce violations of criminal law on Hawaiian home lands. Relating to Real Property Taxes This section covers the collection of delinquent real property taxes, penalties and interest. In the MoA, the County agrees to waive the penalty and interest on all delinquent real property taxes, excluding penalties and interest, owed by Hawaiian homestead lessees as of