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3. a 60-foot wide structural setback in lieu of the required 30-foot setback <br /> along the existing property's public street frontage to provide an additional <br /> buffer." <br /> As noted earlier, the time required to complete the subdivision, even with an <br /> administrative extension, expired on June 2016. This delay was due, in part, to <br /> a litigation among the prior owners of the property, which then affected the <br /> Applicant to have clear title to the property until nearly 2016 <br /> Notwithstanding this delay,please note that tentative subdivision approval was <br /> timely secured on July 10, 2007(Exhibit D) Further, construction plans were <br /> prepared, submitted, and approved on August 26,2008. (Exhibit E) Because of <br /> the litigation among the then owners of the property, the project stopped, <br /> resulting in the Planning Department nullifying the tentative approval on <br /> March 22, 2011. <br /> Please note that the plan submitted for tentative approval as reflected in the <br /> approved construction plans on August 26, 2008, includes the easements and <br /> setbacks. (Figure 2) The applicant intends to maintain and reflect these <br /> easements and setbacks in its subdivision submittal. Further, while the <br /> construction plans have been approved, they will have to be updated and <br /> recertified by the various governmental agencies subsequent to the issuance of <br /> tentative subdivision approval of the new application. <br /> Should the time extension or new rezoning ordinance be approved, the <br /> Applicant intends to immediately submit its subdivision application to the <br /> County. As the construction plans need to be updated and recertified by the <br /> various governmental agencies—and this time by a new engineer, due to the <br /> passing of the former engineer—the Applicant hopes to begin making the <br /> required improvements by the middle or end of next year and secure final <br /> approval by early 2023. <br /> F. "Restrictive covenant(s)in the deeds of all the proposed agricultural lots <br /> fronting existing roads shall specific and uphold the easements and setbacks set <br /> forth in Condition D. The restrictive covenant(s) shall also specify that, <br /> including the area comprising the forest reserve easements described in <br /> Condition D,no less than eighty percent(80%) of the entire lot area shall be <br /> retained in forest. A copy of the proposed covenant(s) to be recorded with the <br /> Bureau of Conveyances shall be submitted to the Planning Director for review <br /> and approval prior to the issuance of Final Subdivision Approval. A copy of the <br /> approved covenant(s) shall be recited in an instrument executed by the applicant <br /> and the County and recorded with the Bureau of Conveyances prior to the <br /> issuance of Final Subdivision Approval." <br /> This condition has not been fulfilled. It will, however, be done immediately <br /> upon securing tentative subdivision approval. The Applicant, however, requests <br /> 3 <br />