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,a <br /> the event that the applicant conveys ownership, Ieasehold, or controlling development <br /> interest in the land prior to receiving its initial subdivision approval for the proposed <br /> project, an in-lieu monetary fee for the cost of constructing these improvements, to be <br /> determined by the Department of Public Works shall be due and payable on or before the <br /> issuance of a building permit for any commercial structure; (H) drainage system <br /> improvements, if required, shall be constructed in a manner meeting with the approval of <br /> the Department of Public Works, prior to the issuance of Final Subdivision Approval; (I) <br /> water demand calculations for the individual commercial uses proposed within the <br /> project site shall be submitted to the Department of Water Supply for review and <br /> approval,prior to the issuance of Final Plan Approval for these commercial uses; (3) the <br /> applicant shall utilize design and landscaping guidelines of the Waimea Design Plan; (K) <br /> the applicant shall comply with all other applicable laws, rules, regulations and <br /> requirements of the affected agencies, including those of the Department of Health and <br /> the Fire Department; (L) should any unidentified sites or remains, such as lava tubes, <br /> artifacts, shell, bone or charcoal deposits, human burials, rock or coral alignments, <br /> pavings or walks be encountered, work in the affected area shall cease and the Planning <br /> Department immediately notified. Subsequent work shall proceed upon an <br /> archaeological clearance from the Planning Department when it finds that sufficient <br /> mitigative measures have been taken; (M) should the Council adopt a Unified <br /> Impact-Fees Ordinance setting forth criteria for imposition of exactions or the assessment <br /> of impact fees, conditions included herein shall be credited towards the requirements of <br /> the Unified Impact Fees Ordinance; (N) an annual progress report shall be submitted to <br /> the Planning Director prior to the anniversary date of the effective date of the change of <br /> zone. The report shall address the status of the development and the compliance with the <br /> conditions of approval. This condition shall remain in effect until all of the conditions of <br /> approval have been complied and the Planning Director acknowledges that further reports <br /> are not required; and, (0) an extension of time for the performance of conditions within <br /> the ordinance may be granted by the Planning Director upon the following circumstances: <br /> 1) the non-performance is the result of conditions that could not have been foreseen or <br /> are beyond the control of the applicant, successors or assigns, and that are not the result <br /> of their fault or negligence; 2) granting of the time extension would not be contrary to the <br /> -3- <br /> : <br />