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<br /> <br /> <br /> <br /> <br /> <br /> successors and assigns contribute to the development, funding, <br /> <br /> and/or construction of public school facilities on a fair share <br /> basis as determined by and to the satisfaction of the State <br /> <br /> Department of Education. Petitioner shall ensure that a written <br /> <br /> agreement between the affected developers and/or landowners, <br /> <br /> their successors and assigns, and the Department of Education <br /> setting forth the contribution and timing of contributions is <br /> <br /> on-going as part of the County rezoning process and is fully <br /> <br /> executed prior to the County issuing any building permits. <br /> 3. Provided that the land uses proposed generate the <br /> <br /> need for such facilities, Petitioner shall ensure that the <br /> <br /> developers and/or landowners of the affected properties <br /> <br /> participate in the funding and construction of adequate <br /> wastewater transmission and disposal facilities, on a fair share <br /> <br /> basis, as determined by the County of Hawaii Department of Public <br /> <br /> Works (DPW) and the State Department of Health (DOH). Developer <br /> <br /> and/or landowner participation shall also be in compliance with <br /> conditions of approval of County zoning or determined prior to <br /> <br /> applying for County building permits if county rezoning is not <br /> <br /> required. <br /> 4. Petitioner shall ensure that the developers and/or <br /> <br /> landowners of the affected properties each submit for review by <br /> <br /> and receive approval from the State Department of Transportation <br /> <br /> (DOT) and the County of Hawaii DPW a Traffic Impact Analysis <br /> <br /> Report (TIAR), prior to the County approval of a rezoning <br /> application for each affected property or prior to applying for <br /> <br /> county building permits if rezoning is not required. The TIAR <br /> <br /> -51- <br />