BIL 373 Draft 01 2006-2008 - Laserfiche WebLink

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(4) The conservation plan for a property shall terminate upon transfer of ownership of the property unless the new owner applies to and is accepted as a cooperator by the applicable soil and water conservation district. (b) This section shall not exempt construction of permanent agriculturally related infrastructure, including access roads, buildings, and other similar improvements from complying with applicable provisions of this chapter and any other county, state' or federal requirements. (c) Should the soil and water conservation district directors find that an agricultural operation is not in conformance with its approved conservation plan; the district directors shall immediately notify the director of public works. Upon receipt of the notification, the director of public works shall issue a notice of violation and implement applicable provisions of Article 5 of this chapter, to enforce compliance with this section. Section 10-6. Exclusions. (a) All work in this section must conform to the provisions of sections 10-3 and 10-38 to be considered for exclusion. Exclusions do not relieve anyone of their responsibility to secure all other applicable County, State or Federal permits including, but not limited to, those described in section 10-12(b). (b) This chapter shall not apply to the following: (1) Mining or quarrying operations regulated by other County ordinance or governmental agencies. (2) Excavation within the building lines for basements and footings of a building, retaining wall, or other structure, authorized by a valid building permit. (3) Grading and grubbing on individual cemetery plots. (4) Sanitary land filling and similar solid waste disposal facilities with an approved operating permit from the State of Hawaii Department of Health. (5) Excavation which does not alter the general drainage pattern with respect to abutting properties, which does not exceed one hundred cubic yards of material on any one site, and does not exceed five feet in vertical height at its highest point; provided that the cut meets the cut slopes and the distance from property lines requirements in article 4 of this chapter. (6) Fill which does not alter the general drainage pattern with respect to abutting properties, which does not exceed one hundred cubic yards of material on any one site and does not exceed five feet in vertical depth at its deepest point, provided that the fill meets the fill slopes and distance from property lines requirements in article 4 of this chapter. (7) Grubbing which does not alter the general and localized drainage pattern with respect to abutting properties and does not exceed a total area of one acre. (8) Exploratory excavations not to exceed fifty cubic yards under the direction of an engineer for the purpose of subsurface testing provided that the director of public works has been advised in writing a minimum of ten calendar days prior to the start of such excavation. (9) Clearing, excavation and filling required in conjunction with the installation and/or maintenance of septic tanks, dry wells, poles for overhead public utilities, street lighting, traffic signal systems and trenching for underground public utilities, public water and sewer systems and temporary BMPs. -5-