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<br />SECTION 2. In accordance with Section 25-2-44, Hawai'i County Code 1983 <br />(2005 Edition), the County Council finds the following conditions are: <br />Necessary to prevent circumstances which may be adverse to the public health, <br />safety and welfare; or <br />(1) Reasonably conceived to fulfill needs directly emanating from the <br />land use proposed with respect to: <br />(A) Protection ofthe public from the potentially deleterious <br />effects of the proposed use, or <br />(B) Fulfillment of the need for public service demands created <br />by the proposed use. <br /> <br />A. The applicant, its successor or assigns shall be responsible for complying <br />with all stated conditions of approval. <br /> <br />B. Prior to the issuance of a water commitment by the Department of Water <br />Supply, the applicant, its successors or assigns shall submit the anticipated <br />maximum daily water usage calculations as recommended by a registered <br />engineer and a water commitment deposit in accordance with the "Water <br />Commitment Guidelines Policy" to the Department of Water Supply <br />within 180 days from the 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 />memorandum addressed to the Planning Director prior to the issuance of a <br />Certificate of Occupancy. <br /> <br />D. Construction of the proposed development shall be completed within five <br />(5) years from the effective date of the ordinance. Prior to construction, <br />the applicant, successors or assigns shall secure Final Plan Approval for <br />the proposed development in accordance with Section 25-2-70, Chapter 25 <br />(Zoning Code), Hawai'i County Code. Plans shall identify all existing <br />