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All as shown on the map attached hereto, marked Exhibit "A" and by reference <br /> made a part hereof. <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 /> (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 /> A. The applicant, its successors or assigns shall be responsible for complying with all <br /> of the stated conditions of approval. <br /> B. The applicant shall submit the required water commitment payment to the <br /> Department of Water Supply in accordance with its "Water Commitment <br /> Guidelines Policy" within ninety (90) days from the effective date of this change <br /> of zone. <br /> C. Final Subdivision Approval shall be secured within five (5) years from the <br /> effective date of this ordinance. <br /> D. The driveway connection to the Mamalahoa Highway shall conform to <br /> Chapter 22, Streets, of the Hawaii County Code. No more than one lot will be <br /> permitted to have a driveway taking direct access from the Mamalahoa Highway. <br /> All other proposed lots shall be provided with access via a subdivision roadway <br /> -2- <br />