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<br />SECTION 2. In accordance with Section 25-2-44, Hawai'i County Code 1983 (2005 <br />Edition), the County Council finds the following conditions are: <br />Necessary to prevent circumstances which may be adverse to the public health, safety <br />and welfare; or <br /> <br />(1) 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 /> <br />A. The applicant, its successor or assigns shall be responsible for complying with all <br />stated conditions of approval. <br /> <br />B. Prior to the issuance of a water commitment hy the Department of Water Supply, <br />the applicant, its successors or assigns shall submit the anticipated maximum <br />daily water usage calculations as recommended by a registered engineer and a <br />water commitment deposit in accordance with the "Water Commitment <br />Guidelines Policy" to the Department of Water Supply within 180 days from the <br />effective date of this ordinance. <br /> <br />C. The applicant, successors, or assigns shall install and construct the water <br />improvements outlined in the Department of Water Supply's July 29,2009 <br />addressed to the Planning Director prior to the issuance of a Certificate of <br />Occupancy. <br /> <br />D. Construction of the proposed development shall be completed within five (5) <br />years from the effective date of the ordinance. Prior to construction, the applicant, <br />successors or assigns shall secure Final Plan Approval for the proposed <br /> <br />-6- <br />