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AN ORDINANCE AMENDING ORDINANCE NO. 05 115 WHICH RECLASSIFIED LANDS <br />FROM AGRICULTURAL — FIVE ACRES (A -5a) TO NEIGHBORHOOD COMMERCIAL <br />(CN -20) AT PUAPUAGAIKI 1sT AND PUAPUAGANUI 1sT, NORTH KONA, HAWAIGI, <br />COVERED BY TAX MAP KEY 7-5-017:001. <br />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAIGI: <br />SECTION 1. Section 2 of Ordinance No. 05 115 is amended as follows: <br />"SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2016 <br />Edition, as amended), the County Council finds the following conditions are: <br />(1) Necessary to prevent circumstances which may be adverse to the public <br />health, safety and welfare; or <br />(2) Reasonably conceived to fulfill needs directly emanating from the land use <br />proposed with respect to: <br />(A) Protection of the public from the potentially deleterious effects of <br />the proposed use[; or <br />(B) Fulfillment of the need for public service demands created by the <br />proposed use. <br />A. The applicant, its successors or assigns shall be responsible for complying with all <br />stated conditions of approval. <br />B. [ , <br />applieant shall submit the ai4ieipated mffldmum daily water- usage ealettlations <br />aeeer-danee with its GG 99 <br />to the DepaAffient e <br />Water- Supply within ninety days .4aefive date of this or-dina-nee. The <br />pfopesed development prier to Fria' Plan Appfovald Prior to the issuance of a <br />water commitment by the Department of Water Sppply (DWS), the applicant(s) <br />shall submit the anticipated maximum daily water usage calculations as prepared <br />by a professional engineer licensed in the State of Hawaii to the DWS. A water <br />commitment deposit shall be paid to the DWS within 180 days from the effective <br />date of this amended ordinance in accordance with Rule 5 of the Department of <br />Water Supply's Rules and Regulations. The applicant is responsible for <br />maintaining valid water commitments to support the proposed use until such time <br />that required water facilities charges are paid in full. <br />