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<br /> <br /> <br /> <br /> <br /> SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 <br /> <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 /> <br /> safety and welfare; or <br /> (1) Reasonably conceived to fulfill needs directly emanating from the <br /> <br /> land use proposed with respect to: <br /> (A) Protection of the public from the potentially deleterious <br /> <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 /> <br /> A. The applicant, its successor or assigns shall be responsible for complying <br /> with all stated conditions of approval. <br /> <br /> <br /> B. Prior to the issuance of a water commitment by the Department of Water <br /> <br /> Supply, the applicant, its successors or assigns shall submit the anticipated <br /> maximum daily water usage calculations as recommended by a registered <br /> <br /> engineer and a water commitment deposit in accordance with the "Water <br /> Commitment Guidelines Policy" to the Department of Water Supply <br /> <br /> within 180 days from the effective date of this ordinance. <br /> <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 /> <br /> memorandum addressed to the Planning Director prior to the issuance of a <br /> Certificate of Occupancy. <br /> <br /> <br /> D. Construction of the proposed development shall be completed within five <br /> <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 /> <br /> the proposed development in accordance with Section 25-2-70, Chapter 25 <br /> (Zoning Code), Hawaii County Code. Plans shall identify all existing <br />