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responsible for complying with all other applicable governmental requirements in <br /> connection with the approved use, prior to its commencement or establishment upon the <br /> subject properties. Additional governmental requirements may include the issuance of <br /> building permits, the installation of approved wastewater disposal systems, compliance <br /> with the Fire Code, installation of improvements required by the American with <br /> Disabilities Act (ADA), among many others. Compliance with all applicable <br /> governmental requirements is a condition of this approval; failure to comply with such <br /> requirements will be considered a violation that may result in enforcement action by the <br /> Planning Department and/or the affected agencies. <br /> Based on the preceding findings, it is recommended that the request to allow the <br /> establishment of a telecommunication facility with a 150-foot-tall `monopine' tower and <br /> related equipment and improvements be approved by the Planning Commission. Approval <br /> of this request is subject to the following conditions: <br /> 1. The applicant, its successors, or assigns ("Applicant") shall be responsible for <br /> complying with all stated conditions of approval. <br /> 2. Construction and operation of the telecommunication facility shall be conducted <br /> in a manner that is substantially representative of plans and details as contained <br /> within the Use Permit application submitted on February 10, 2023, Supplemental <br /> Information submitted on January 11, 2024 and representations made to the <br /> Windward Planning Commission. <br /> 3. Construction of the telecommunication facility shall be completed within five (5) <br /> years from the effective date of this permit. Prior to construction, the Applicant <br /> shall secure Final Plan Approval for the proposed development from the Planning <br /> Director in accordance with Section 25-2-71(c)(3), 25-2-72, 25-2-74 and 25-4-12, <br /> Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify proposed <br /> structures, fire protection measures, access easements and any fencing associated <br /> with the use. The tower/antenna plans shall be stamped by a licensed structural <br /> engineer. <br /> -8- <br />