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<br />SECTION 2. In accordance with Section 25-2-44, Hawai'i County Code 1983 (2005 Edition), <br />the County Council finds the following conditions are: <br />Necessary to prevent circumstances which may be adverse to the public health, safety and <br />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 the <br />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 stated <br />conditions of approval. <br /> <br />B. Prior to the issuance of a water commitment by the Department of Water Supply, the <br />applicant, its successors or assigns shall submit the anticipated maximum daily water <br />usage calculations as recommended by a registered engineer and a water commitment <br />deposit in accordance with the "Water Commitment Guidelines Policy" to the <br />Department of Water Supply within 180 days from the effective date of this ordinance. <br /> <br />C. The applicant, successors, or assigns shall install and construct the water improvements <br />outlined in the Department of Water Supply's July 29, 2009 memorandum addressed to <br />the Planning Director prior to the issuance of a Certificate of Occupancy. <br /> <br />D. Construction of the proposed development shall be completed within five (5) years from <br />the effective date of the ordinance. Prior to construction, the applicant, successors or <br />assigns shall secure Final Plan Approval for the proposed development in accordance <br />with Section 25-2-70, Chapter 25 (Zoning Code), Hawai'i County Code. Plans shall <br />identify all existing and/or proposed structures, paved driveway access and parking <br />stalls associated with the proposed development. Landscaping shall also be indicated <br />on the plans for the purpose of mitigating any adverse noise or visual impacts to <br />