Developers have yet to fulfill their obligations
As you travel along the pali, cast your eyes upon the numerous entries to the new developments that have exploded upon agricultural lands over the last decade – Ukumehame, Olowalu Mauka, Launiupoko, Makila, Puunoa.
Anyone see a single public park? Anyone see acres of greenway open space that were developers’ obligation to dedicate and complete? The developers’ subdivision conditions remain incomplete and unfulfilled.
In 1994, developer attorney Tom Welch presented to the Maui County Council an amendment to the Title 18 subdivision ordinance to provide an abbreviated process for adjoining property owners “who simply want to correct a property line without increasing any burden on the county infrastructure. It is not a development situation.”
This ordinance was incorrectly applied by the Public Works director to the hundreds of acres of agricultural lands that created these five massive subdivisions. By doing so, the requirements of Title 18, including dedication of park land or payment of a fee in lieu, were circumvented.
The current Title 18 park fee assessment for West Maui is $23,000 per developable lot.
In accordance with Section 18.04.020E of the Maui County Code, the Public Works director has the obligation to impose conditions from Title 18 to offset and mitigate significant subdivision development impacts on public facilities or infrastructure.
The developers of these subdivisions owe the public this payment for the hundreds of buildable lots they have tactfully created. Dedication of the Launiupoko land for a public park would be a fair and ethical compromise.