PD BACKGROUND REPORT (PL-SMA-2022-012_AmendSMA-07-024_&_PL-REZ-2022-014_AmendREZ-07-075)

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Regrettably, in spite of a concerted and diligent effort to meet that deadline, the Applicant was not able to complete the subdivision. As such, and pursuant to Condition Y and Condition 15 of the respective approvals and on behalf of HAWAII ONE INVESTORS, LLC, ("Applicant"), we respectfully request an additional 5-year extension to February 9, 2024 by which to complete construction of the 62-lot single family subdivision as originally set forth in Condition E and Condition 4 (See Exhibits A and B). Amendment to Condition K of Ordinance 09 8 Condition K of Ordinance 09 8 requires the preparation of a drainage study with all recommended drainage improvements to be constructed prior to the issuance of Final Subdivision Approval of the proposed subdivision. As afforded by Ordinance 09 8 to other subdivision-related improvements such as utilities and roadways, the Applicant is requesting that Condition K be amended to allow for the option of bonding the drainage improvements or the use of other acceptable forms of surety in lieu of its actual construction, prior to the issuance of Final Subdivision Approval, as offered by the following suggested amendment to Condition K: K. A drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works. The recommended drainage improvements shall be constructed or secured by a bond or other acceptable forms of surety, meeting with the approval of the Department of Public Works prior to receipt of Final Subdivision Approval. The drainage study shall include potential impacts from the Kahului-Keauhou Parkway culverts. (added material underscored) The Subdivision Code provides landowners with the ability to enter into an agreement with the County for the construction of required subdivision improvements and utilities in lieu of the completion of its construction prior to Final Subdivision Approval. The agreement must be secured by an acceptable form of surety. Below are the specific code sections that provide for this opportunity: Section 23-82. Agreement to provide improvements and utilities. The owner of the subdivision shall submit an agreement to the director who shall refer the document to the corporation counsel for approval as to form and legality. The agreement shall specify that the subdivider shall make, install, and complete all required improvements and utilities to the satisfaction of the director of public works and when appropriate, the department of water supply, and shall also provide that: (1) If the subdivider fails to complete: (A) The required improvements within the time specified; and (B) Any additional conditions imposed for the granting of an extension to complete the required improvements and additional conditions with the extended time period; 2Page