COM 0388.000 2022-2024 - Laserfiche WebLink

Home

Dennis Schmitz July 12, 2023 Page 2 4) The overall development shall conform substantially to the plans submitted and the representations made by the Applicant and as described in the multi-permit application dated February 12, 2023, any supplemental information, and any representations made to the Windward Planning Commission, except as further amended by subsequent ordinances and permits. 5) The applicant shall secure all necessary approvals and permits from other affected Federal, State, and County agencies as necessary to comply with all applicable laws and regulations. 6) Final Subdivision Approval of the proposed subdivision shall be secured from the Planning Director within five (5) years from the effective date of this permit. 7) The Planning Department may require a shoreline survey certified by the Chair of the Board of Land and Natural Resources for any future construction or activity. 8) Prior to applying for the subdivision, the Applicant shall remove the existing fence ("encroachments") shown in "Figure 3-Preliminary Subdivision Plat" of the multi-permit application within the area forty (40) feet landward from the top of the sea cliff. Once the fence has been removed the Applicant must inform the Planning. Department by letter of the fence removal and the Applicant must arrange a date and time to have the property inspected by Planning Department staff. Future Special Management Area approvals will not be granted if these encroachments are not resolved. 9) No land alteration, grubbing, vegetation removal, grading, fencing, landscaping or construction activities, including but not limited to, the stockpiling of debris, construction materials or equipment, shall occur in the shoreline setback area (between the top of the sea cliff and forty (40) feet landward) without securing a prior written determination of minor structure or activity pursuant to Rule 11-8 from the Planning Director or approval of a Shoreline Setback Variance from the Planning Commission. A written determination of minor activity is required from the Planning Department prior to removal of any ironwood trees in the shoreline setback area. 10) Artificial light from exterior lighting fixtures, including, but not necessarily limited to floodlights, up-lights or spotlights used for decorative or aesthetic purposes shall be prohibited if the light directly illuminates, or is directed to project across property boundaries toward, the shoreline and ocean waters, except as may otherwise be permitted pursuant to Section 205A-71(b), Hawai`i Revised Statutes.