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<br />[/~. the applicant, its succesc;ors or assigns shall be responsible for complying ,vith all of the <br />stated conditions of approval. <br /> <br />B. the applicant shall secure Final Consolidation Approval of the subject properties 'Nithin <br />one year of the effective dated of the zone change. <br />C. the applicant shall secure Final Plan Approval for the proposed development within one <br />year from the date of Receipt of Final Consolidation Approval. To assme adequate time <br />for plan approval review and in accordance 'vVith Chapter 25 244 (Zoning Code), plans <br />shall be submitted to the Planning Department a minimum of forty five days prior to the <br />date by 'shich Final Plan Approval must be secured. Plans to be submitted shall indicate <br />existing and proposed structures, parking associated 'sith the proposed commercial uses, <br />drive"vay circulation and landscaping. The applicant shall site the proposed commercial <br />structures and provide landscaping for the purpose of mitigating noise and visual impacts <br />to adjacent properties. <br />D. construction of the proposed development shall commence ',vi thin one year from the date <br />ofreceipt of Final Plan Approval and be completed "vithin one year thereafter. <br />E. access to the proposed development from the Keaau Pahoa Road shall meet with the <br />appro'/al of the Department of Public Works. <br />F. should any unidentified sites or remains, such as artifacts, shell, bone, or charcoal <br />deposits, human burials, rock or coral alignments, pa'/ings or walls be encountered, work <br />in the affected area shall cease and the Planning Department immediately notified. <br />Subsequent "vode shall proceed upon an archaeological clearance from the Planning <br />Department when it finds that sufficient mitigati'/e measures have been taken. <br />G. all other applicable laws, rules, regulations, and requirements shall be complied '.'lith. <br />H. should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the <br />imposition of exactions or the assessment of impact fees, conditions included herein may, <br />at the applicants' election, be satisfied by performance in accordance \vith the <br />requirements of the Unified Impact Fees Ordinance. <br />1. an Improvement District be implemented for improvements to that portion of the Keaau <br />Pahoa Road within the Pahoa Tovm proper, the applicant(s), its successors or assigns <br />shall automatically be a participant in the Improvement District. <br />J. an annual progress report shall be submitted to the Planning Director prior to the <br />anni versary date of enactment of the Change of Zone. The report address the status of the <br />compliance "vith the conditions of approval. This condition shall remain in effect until all <br />of the conditions of approval have been complied with and the Planning Director <br />acknowledges that further reports are not required. <br />K. an extension of time for the performance of conditions "vithin the ordinance may be <br />granted by the Planning Director upon the follo'.ving circumstances: <br />1) the non performance is the result of conditions that could not have been foreseen <br />or are beyond the control of the applicants, successors or assigns, and that are not <br />the result of their fault or negligence. <br />2) granting of the time extension "vould not be contrary to the General Plan or <br />Zoning Code. <br /> <br />-2- <br />