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All as shown on the map attached hereto, marked Exhibit "A" and by reference <br />made a part hereof. <br />SECTION 2. This change in district classification is conditioned upon the following: <br />A. The applicant, successors, or assigns shall notify prospective purchasers, tenants, <br />or lessees of all lots that farming operations and practices on adjacent or <br />contiguous land in the State Land Use Agricultural District are protected under <br />Hawaii Revised Statutes Chapter 165, the Hawaii Right to Farm Act. This notice <br />shall be included in any disclosure required for the sale or transfer of all of the <br />proposed lots. <br />B. Any action that would interfere with or restrain farming operations on adjacent or <br />contiguous properties shall be prohibited under Hawaii Revised Statutes Chapter <br />165, the Hawaii Right to Farm Act; provided the farming operations are <br />conducted in a manner consistent with generally accepted agricultural and <br />management practices on adjacent or contiguous lands in the Agricultural District. <br />SECTION 3. In the event that any portion of this ordinance is declared invalid, such <br />invalidity shall not affect the other parts of this ordinance. <br />SECTION 4. This ordinance shall take effect upon its approval. <br />INTRODUCED BY: <br />~~~~~ <br />COUNCIL MEMBER, COUNTY OF HAWAII <br />Hilo, Hawaii <br />Date of Introduction: <br />Date of I st Reading: <br />Date of 2nd Reading: <br />Effective Date: <br />REFERENCEt Comm: 9.5_ <br />-3- <br />