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B. The applicant, successors or assigns shall be responsible for complying with all <br />requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible <br />uses within the State Land Use Agricultural District. <br />C. Final Subdivision Approval for the proposed development shall be secured within <br />five (5) years from the effective date of this ordinance. The applicant is <br />encouraged to follow the Clustered Rural Subdivision Guidelines in the Kona <br />Community Development Plan when creating the subdivision layout. The intent <br />of the guidelines is to minimize grading, preserve the natural appearance of the <br />land to the maximum extent possible, ensure agriculture use in the State Land Use <br />Agricultural District, and create a rural setting for residences. <br />D. Should a water variance from the Subdivision Code be required, as represented by <br />the applicant, the applicant shall install a private pump and storage system to <br />increase water pressure for each of the proposed lots and, if required by the <br />Department of Water Supply, execute an out-of-bounds agreement and elevation <br />agreement for the newly created lots. <br />E. To protect the endangered Hawaiian hoary bat during breeding and pup -rearing <br />season, woody vegetation greater than 15 feet in height shall not be removed or <br />trimmed between June 1 and September 15, and barbed wire fencing shall not be <br />used on the property. <br />F. To protect the endangered Hawaiian hawk, the use of powered heavy equipment <br />or vegetation clearing during breeding season of March to September, shall be <br />prohibited. This restriction can be waived by the Planning Director upon submittal <br />of a survey by a qualified avifaunal professional noting the absence of any active <br />-3- <br />