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r <br />J <br />The applicant today (Puaa Development LLC) is the same as when the <br />original rezoning was approved. It intends to assume the responsibility <br />of complying with all pertinent conditions and any amendments thereto <br />of this rezoning ordinance. <br />B. Prior to issuance of a water commitment by the Department of <br />Water Supply, the applicant shall submit the anticipated maximum <br />daily water usage calculations as recommended by a registered <br />engineer, and a water commitment deposit in accordance with its <br />"Water Commitment Guidelines Policy" to the Department of Water <br />Supply within ninety days from the effective date of this ordinance. <br />The applicant shall finalize the allocation of water commitments <br />sufficient to allow the proposed development prior to Final Plan <br />Approval. <br />Since the subject and adjacent parcels had already been assigned 510 <br />water units by the Department of Water Supply ("DWS"), the applicant <br />assumed that a water commitment deposit was no longer necessary. <br />As such, no payment was made. Further, since the project never got <br />to the final Plan Approval stage where proposed uses would- have <br />been established and from which water usage calculations can be <br />more accurately determined, that study was not done. <br />As such, through this process, the applicant is proposing that should <br />the DWS determine that further water commitment deposit fee is <br />necessary, the applicant shall be responsible for its payment within <br />120 days of the effective date of the amended ordinance. <br />Proposed lanquage <br />B. Prior to issuance of [a water commitment by the <br />Department of Water Supply, the applicant shall submit the <br />anticipated maximum daily water usage calculations as <br />recommended by a registered engineer and a water <br />commitment deposit, if applicable, in accordance with its <br />"Water Commitment Guidelines Policy" to the Department <br />of Water Supply within [ninety] one hundred twenty days <br />from the effective date,of this amended ordinance. The <br />applicant shall finalize the allocation of water commitments <br />sufficient to allow the proposed development prior to Final <br />Plan Approval. <br />C. Construction of the proposed development shall be completed <br />within five (5) years from the effective date of this ordinance. Prior <br />to construction, the applicant, successors or assigns shall secure <br />Final Plan Approval for the amended proposed .development from <br />Lk <br />