BIL 373 Draft 01 2006-2008 - Laserfiche WebLink

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Section 10-12. Conditions and limitations. (a) The issuance of a grading permit shall constitute an authorization to do only that work which is described on the permit and on the plans and specifications approved by the director of public works. (b) Permits issued under the requirements of this chapter shall not relieve the permittee of the responsibility for securing required permits for work to be done which is regulated by any other County, State, or Federal agency[.], including approvals of permits which may be required under chapters 6E, 205, 205A and 343, Hawaii Revised Statutes. (c) A copy of the permit issued shall be posted in a conspicuous place on the site at or near the property boundary adjacent to an accessible road bordering the property during the progress of work. (d) In granting any permit under this chapter, the director of public works may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to: (1) Improvement of any existing grading to bring it up to the standards of this chapter; (2) Requirements for fencing of excavations or fills which otherwise would be hazardous; (3) Screen planting, landscaping, erosion control planting, or other treatments to maintain good appearance of graded area and reduce the detrimental impact on adjacent properties of the community; (4) Cleaning up the area; and (5) Days and hours of operation. Section 10-13. Expiration. Every grading, grubbing or stockpiling permit shall expire and become void no later than two years after the date of issuance. All stockpiled material temporarily stored on the premises shall be removed from the premises or used on the premises as fill material under a grading permit for fill prior to the expiration date. Section 10-14. Denial. (a) If the director of public works finds that the work as proposed by the applicant is likely to cause hazardous conditions that may endanger any property or public way or structure or endanger the public health or welfare, the director shall deny the grading, grubbing or stockpiling permit. Factors to be considered in determining probability of hazardous conditions shall include, but not be limited to, possible geological instability caused by saturation of the ground by rains, earth movements, geological or flood hazards, subsurface conditions such as the stratification and faulting of rock and the nature and type of soil or rock. (b) Failure of the director of public works to observe or recognize hazardous conditions or the director's failure to deny the grading, grubbing or stockpiling permit shall not relieve the permittee or the permittee's agent from being responsible, or cause the County, its officers or agents, to be held responsible for the conditions or damages resulting therefrom. -11-