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SECTION 2. In accordance with Section 25-2-44, Hawai`i 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 (Applicant) shall comply with all of the <br />stated conditions of approval. <br />B. The Applicant is responsible for maintaining valid water commitments to support <br />the proposed development until such time that required water facilities charges <br />are paid in full. <br />C. Prior to issuance of Final Subdivision Approval, the Applicant shall construct, or <br />cause to be constructed, necessary water improvements meeting with the approval <br />of the Department of Water Supply. <br />D. Final Subdivision Approval shall be secured within ten (10) years from the <br />effective date of this ordinance. Plans submitted for subdivision approval shall <br />include the existing 10-foot-wide future road widening strip along the subject <br />property's Mdmalahoa Highway frontage. The time during which required plans, <br />reports, studies, or relevant permit applications are under review for approvals by <br />government agencies shall not count towards the deadline established in the <br />ordinance. To justify this tolling, the applicant shall provide evidence of the <br />excluded time period to the planning department for its review and approval, <br />which shall consist of dates obtained from a government agency website, <br />-3- <br />