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2024-05-28 PL-BOA-2024-000105 Petition (1250)_v1
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2024-05-28 PL-BOA-2024-000105 Petition (1250)_v1
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b. Dedication Requirements, Request 2. <br /> Dedication Requirements, Request 2 asked the Planning Director to issue a declaratory <br /> ruling on "[w]hether the express terms of Ordinance No. 96-8 require the dedication of the <br /> Mauka Haleki`i Extension, Makai Haleki`i Extension, or Connector Road by a date certain or <br /> any milestone in the development of Hokuli`a[.]" See Exhibit 2 at 13. As explained in <br /> Oceanside's Petition, the answer to this Request is no. Id. at 17. <br /> Ordinance No. 96-8 does not contain any deadline or development milestone for the <br /> dedication of the Makai Haleki`i Extension, Mauka Haleki`i Extension, or Connector Road. See <br /> Wells Fargo Bank, N.A., 142 Hawai`i at 449, 420 P.3d at 380 ("`The fundamental starting point <br /> of statutory interpretation is the language of the statute itself,' and `where the statutory language <br /> is unambiguous, our duty is to give effect to its plain and obvious meaning."). Ordinance No. <br /> 96-8 provides only that the "roadway improvements stated in Condition L of this ordinance shall <br /> be dedicated to the County of Hawaii." Exhibit 4 at 26. <br /> c. Construction Standards, Request 1. <br /> Construction Standards, Request 1 asked the Planning Director to issue a declaratory <br /> ruling on "[w]hether the express terms of the Ordinances set specific construction standards to <br /> which the Mauka Haleki`i Extension, Makai Haleki`i Extension, and Connector Road must be <br /> built to[.]" See Exhibit 2 at 13. As explained in Oceanside's Petition, the answer to this Request <br /> is no. Id. at 18. <br /> Neither Ordinance No. 96-7 nor Ordinance No. 96-8 set forth specific construction <br /> standards for the Mauka Haleki`i Extension, Makai Haleki`i Extension, and Connector Road. <br /> See Wells Fargo Bank, N.A., 142 Hawai`i at 449, 420 P.3d at 380 ("The fundamental starting <br /> point of statutory interpretation is the language of the statute itself,' and `where the statutory <br /> language is unambiguous, our duty is to give effect to its plain and obvious meaning."). Nor do <br /> 4860-3160-4157.3.051730- 00058 12 <br />
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